Councillors dismiss legal advice and pursue bid to regulate city rickshaws

Cork’s city councillors have dismissed legal advice and decided to pursue the introduction of bylaws to regulate rickshaws.

They rejected a report from the city’s director of roads and transportation which effectively said national legislation prevents the introduction of local bylaws to govern the use and operation of rickshaws.

They then voted to support a motion from Cllr Ken O’Flynn (FF), who said in the absence of such bylaws, a blanket ban on rickshaws should be introduced.

However, city manager Tim Lucey, said he could not legally enforce such a ban.

Despite this, Mr O’Flynn said he is getting his own legal advice and plans to pursue the matter.

“I don’t see how local bylaws could interfere with national legislation or with constitutional rights,” he said. “The idea that we would just turn a blind eye to this issue is totally unacceptable.

“We have a duty of care to our citizens and to visitors to regulate the use of these rickshaws.”

He has modelled his proposals on those introduced by Galway City Council in late 2010, which restricted the number of passengers to three and allowed the rickshaws to use pedestrianised areas between 10pm and 3am.

Despite several attempts to introduce similar bylaws in Cork, a report from the city’s director of roads and transportation, Gerry Beirne, on Monday night said that, having considered the existing legislation and regulations, Cork City Council’s law agent has advised that the council may not legally, through the introduction of bylaws, regulate or control the operation and use of rickshaws.

“The law agent further advised that there is already significant regulation in respect of the use and operation of rickshaws, bicycles, or pedal cycles and that additional or alternative regulation is possible by way of national primary legislation or regulations by the minister,” Mr O’Beirne said.

Mr O’Flynn has written to the Departments of Transport seeking clarification on the existing legislation governing rickshaws.

Meanwhile, National Bike Week will be launched in Cork on Sunday. The opening event includes a cycle parade around the city streets from 11am.

Ironically rickshaw tours of Cork’s historical islands are among the range of events taking place during the week.

*www.bikeweek.ie